K.R. Ushasree v. Pulimath Grama Panchayath and Others; Muraleedharan Nair v. Pulimath Grama Panchayath and Others (W.P.(C). Nos. 37573/2010 & 15795/2010, Kerala High Court)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` WEDNESDAY, THE 28[TH] DAY OF SEPTEMBER 2022 / 6TH ASWINA, 1944 ``` ## **`WP(C) NO. 37573 OF 2010`** ## **`PETITIONER:`** ``` K.R. USHASREE PROPRIETRIX, SAI EXPORTS ENTERPRISES, PEDIKULAM,PULIMATH PO,, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.N.D.PREMACHANDRAN SMT.LALIZA.T.Y. ``` ## **`RESPONDENTS:`** - `1 PULIMATH GRAMA PANCHAYATH REPRESNTED BY ITS SECRETARY,PULIMATH , KILIMANOOR,, THIRUVANANTHAPURAM 695 096.` - `2 THE KERALA STATE POLLUTION CONTROL BOARD REP.BY ITS SECRETARY,` - `OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM,, THIRUVANANTHAPURAM 695 024.` - `3 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,, TC 30/38,PETTAH, NEAR KARTHIK THEATRE,, THIRUVANANTHAPURAM 695 024.` - `4 MURALEEDHARAN NAIR SREENILAYAM, PEDIKULAM,PULIMATH PO, THIRUVANANTHAPURAM-695 096. BY ADVS.SRI.M.K.CHANDRA MOHANDAS SRI.R.T.PRADEEP SRI.V.VIJULAL SRI.T.NAVEEN, SC FOR PCB SRI.C.N.PRABHAKARAN, SR.GP` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2022, ALONG WITH WP(C).15795/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C).Nos.37573 & 15795 of 2010** **2** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 28[TH] DAY OF SEPTEMBER 2022/6TH ASWINA, 1944 WP(C) NO. 15795 OF 2010`** ## **`PETITIONER:`** ``` MURALEEDHARAN NAIR S/O.CHANDRASEKHARAN NAIR, SREE NILAYAM, PEDICULAM,, PULIMATHU P.O. BY ADVS.SRI.R.T.PRADEEP SRI.V.VIJULAL ``` ## **`RESPONDENTS:`** - `1 THE SECRETARY, PULIMATH GRAMA PANCHAYATH KILIMANOOR, THIRUVANANTHAPURAM.` ``` 2THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF KERALA STATE POLLUTION CONTROL BOARD, PATTOM,, THIRUVANANTHAPURAM. ``` - `3 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD,, DISTRICT OFFICE, T.C. 30/881, PETTAH, (NEAR KARTHIKA THEATRE), PETTAH P.O.,, THIRUVANANTHAPURAM-695 024.` - `4 DISTRICT MEDICAL OFFICER OFFICE OF DISTRICT MEDICAL OFFICER,, THIRUVANANTHAPURAM.` - `5 THE SUB INPSPECTOR OF POLICE KILIMANOOR POLICE STATION.` **3** ## **W.P.(C).Nos.37573 & 15795 of 2010** ``` 6K.R.USHASREE, PROPRIETOR SAI EXPORTS ENTERPRISES,, PDIKULAM, ULIMATHU P.O. BY ADVS.C.N.PRABHAKARAN, SR.GP SRI.R.ANILKUMAR SRI.S.BIJU KIZHAKKANELA SRI.JOHNSON GOMEZ SMT.LALIZA.T.Y. SRI.N.D.PREMACHANDRAN SRI.T.NAVEEN, SC, PCB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2022, ALONG WITH WP(C).37573/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C).Nos.37573 & 15795 of 2010** **4** ## **P.V.KUNHIKRISHNAN, J.** **-------------------------------W.P.(C).Nos.37573 & 15795 of 2010 ---------------------------------------------Dated this the 28[th] day of September, 2022** ## **JUDGMENT** These two writ petitions are connected and therefore, I am disposing these two writ petitions by a common judgment. 2. W.P.(C). No.37573/2010 is filed with following prayers: i. To issue a writ of certiorari or other appropriate writ order or direction to quash Exhibit- P16 issued by the 2[nd] respondent. ii. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 2 and 3 not to take any coercive steps to close down the factory pending decision of the Writ Petition. iii. To issue a writ of mandamus or other appropriate writ order or direction directing the respondents 2 and 3 to consider Ext.P6 and the subsequent application submitted by the petitioner on 23.3.2010 and grant the petitioner necessary consent for operating the cashew factory. iv. To issue a writ of mandamus or other appropriate writ order or direction directing the first **5** ## **W.P.(C).Nos.37573 & 15795 of 2010** respondent not to consider Ext.P7 direction issued by the 2[nd] respondent, in the matter of renewal of licence as per the Panchayat Raj Act. - v. To pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case. **==> picture [35 x 12] intentionally omitted <==** ## 3. W.P.(C). No.15795/2010 is filed with following ## prayers: - i. To issue a writ of mandamus or any other appropriate writ order or direction to respondent No.(1) to (5) to restrain the functioning of cashew factory of 6[th] respondent under the name and style as Sai Exports Enterprises for the purpose of abating environmental pollution. - ii. To grant such other and further reliefs to the petitioner as this Hon'ble Court may consider just and proper in the facts and circumstances of the case. ## (SIC) 4. In W.P.(C). No.37573/2010, the main grievance is against Ext.P16 order passed by the Pollution Control Board. An interim order was passed by this Court staying Ext.P16 in W.P.(C). No.37573/2010, in an interlocutory application filed in W.P.(C). No.15795/2010. Ext.P16 is produced as Ext.P18 in **W.P.(C).Nos.37573 & 15795 of 2010** **6** W.P.(C). No.15795/2010. That order was challenged before the Division Bench and the Division Bench observed that the petitioner in W.P.(C). No.37573/2010 is free to challenge it separately and that order was vacated. Consequently W.P.(C). No.37573/2010 is filed and the interim order was passed. The stay is in force even now. The counsel for the petitioner in W.P.(C). No.37573/2010 submitted that even now the factory is functioning and there is no pollution as alleged by the petitioner in W.P.(C). No.15795/2010. If that is the case, the impugned order in W.P.(C). No.37573/2010 can be set aside granting liberty to the Pollution Control Board to do the needful in accordance to law, after inspection, if necessary. When W.P.(C). No.15795/2010 came up for consideration on 27.09.2022, there was no representation for the petitioner. Today, when the matter came up for consideration, the counsel for the petitioner submitted that the factory can function only after getting necessary permission from the statutory authorities. Therefore, these writ petitions are disposed of in the following manner: 1. Ext.P16 in W.P.(C). No.37573/2010 is quashed. **7** ## **W.P.(C).Nos.37573 & 15795 of 2010** 2. The Pollution Control Board is free to inspect the factory of the petitioner in W.P.(C). No.37573/2010, if necessary and if there is any defect noted, the Pollution Control Board is free to direct the petitioner to do the needful in accordance to law. 3. W.P.(C).No.15795/2010 is closed granting liberty to the petitioner to approach the statutory authority if there is any violation at the instance of the petitioner in W.P.(C). No.37573/2010 while conducting the factory. JV Sd/- **P.V.KUNHIKRISHNAN JUDGE** **8** ## **W.P.(C).Nos.37573 & 15795 of 2010** ## **`APPENDIX OF WP(C) 37573/2010`** ## `PETITIONER’S EXHIBITS` ``` EXHIBIT- P1: A COPY OF THE REGISTRATION AND LICENCE DATED 26.11.2008 ``` ``` EXHIBIT- P2: A COPY OF THE LICENCE FOR THE YEAR 2005-2006 ISSUED BY THE SECRETARY, PULIMATH GRAMA PANCHAYAT DTD. 6.6.05 ``` ``` EXHIBIT-P3: A COPY OF THE C RECEIPT DATED 25.10.2007 ``` ``` EXHIBIT-P4: COPIES OF THE CHE RECEIPT DATED 24.3.2010 ``` ``` EXHIBIT-P5: COPIES OF THE A RECEIPT DATED 24.3.2010 ``` ``` EXHIBIT-P6: A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 24.11.1997 ALONG WITH THE DEMAND DRAFT OF RS.3000/- TOWARDS THE REQUIRED FEE AND OTHER ANNEXURES ``` ``` EXHIBIT-P7: A COPY OF THE COMMUNICATION DATED 3.3.2010 SENT BY THE POLLUTION CONTROL BOARD TO THE PANCHAYAT ``` ``` EXHIBIT-P8: A COPY OF THE COMMUNICATION DATED 16.6.2010 ``` ``` EXHIBIT-P9: A COPY OF THE REPORT DATED 21.6.2010 FILED BY THE RESPONDENTS 1 AND 2 IN WPC) 15795/10 ``` ``` EXHIBIT-P10: A COPY OF THE COMMUNICATION DATED 6.7.2010 ``` ``` EXHIBIT-P11: A COPY OF THE OBJECTION AND PETITION DATED 29.7.2010 FILED BY THE 4TH RESPONDENT IN WPC 15795/10 ``` ``` EXHIBIT-P12: A COPY OF THE COUNTER AFFIDAVIT DATED 5.8.2010 IN IA 10614 OF 2010 IN WPC 15795/10 ``` ``` EXHIBIT-P13: A COPY OF ORDER ON IA 10614/2010 DATED 13.8.2010 IN WPC 15795/10 ``` ``` EXHIBIT-P14: A COPY OF THE ORDER DATED 22.9.2010 IN WPC 15795/10. ``` ``` EXHIBIT-P15: A COPY OF THE AFFIDAVIT ON 28.9.2010 IN WPC ``` **9** ## **W.P.(C).Nos.37573 & 15795 of 2010** ``` 15795/10 ``` ``` EXHIBIT-P16: A COPY OF THE DIRECTION DATED 9.9.2010 ``` ``` EXHIBIT-P17: A COPY OF REPLY LETTER DATED 30.9.2010 ``` ``` EXHIBIT-P18: A COPY OF THE INTERIM ORDER DATED 22.10.2010 IN WPC 15795/10 ``` ``` EXHIBIT-P19: A COPY OF THE OBJECTION IN IA 14625 OF 2010 DTD 16.10.2010 IN WPCC) 15795/10 ``` ``` EXHIBIT P20 : COPY OF THE REGISTERED LETTER ISSUED BY THE 3RD RESPONDENT DATED 12.6.1998 ``` ``` EXHIBIT P21 :COPY OF THE REPLY DATED 1.3.1999 ``` ## `RESPONDENTS’ EXHIBITS` ``` ANNEXURE R3(A):- TRUE COPY OF THE LETTER NO: PCB/TH/AIR.32/98 DTD 9.3.1998 ``` ``` ANNEXURE R3(B):- TRUE COPY OF LETTER DTD. 13.4.1999 ``` ``` ANNEXURE R3(C): 24.11.2000 TRUE COPY OF THE LETTER DTD ``` ``` ANNEXURE R3(D):- TRUE COPY OF LETTER DTD 20.03.2003 ``` ``` ANNEXURE R1(E):- TRUE COPY OF SHOW CAUSE NOTICE DTD. 10.11.2006 ``` ``` ANNEXURE R3(F): TRUE COPY OF LETTER DTD. 17.02.2007 ``` ``` ANNEXURE R3(G):- TRUE COPY OF THE APPLICATION DTD.23.3.2010 ``` ``` ANNEXURE R3(H): TRUE COPY OF LETTER DTD.16.06.2010 ``` ``` ANNEXURE R3(1):- TRUE COPY OF COMMUNICATION DTD. 10.01.2011 ``` ``` EXT R4(A). TRUE COPY OF MEDICAL CERTIFICATE DATED 27-3-10 ``` ``` EXT R4(B). TRUE COPY OF CERTIFICATE DATED 27-3-10 ``` **10** ## **W.P.(C).Nos.37573 & 15795 of 2010** ``` EXT R4(C) TRUE COPY OF OUTPATIENT RECORD DATED 22-1-10 EXT R4(D) TRUE COPY OF JUDGMENT IN W.A.NO.2080/10 ``` **11** ## **W.P.(C).Nos.37573 & 15795 of 2010** ## **`APPENDIX OF WP(C) 15795/2010`** ## `PETITIONER’S EXHIBITS` ``` EXHIBIT P1: TRUE COPY OF MEDICAL CERTIFICATE DATED 27-03- 2010 REGARDING THE DISEASE OF WIFE OF PETITIONER ``` ``` EXHIBIT P2: TRUE COPY OF MEDICAL CERTIFICATE OF A NEIGHBOUR OF PETITIONER DATED 27-3-2010. ``` ``` EXHIBIT P3: TRUE COPY OUT PATIENT RECORD OF A PERSON DATED 22-01-2010. ``` ``` EXHIBIT P4: TRUE COPY OF MASS MEMORANDUM DATED 20-01-2010 ISSUED FROM THE LOCALITY. ``` ``` EXHIBIT P5: TRUE COPY OF COMMUNICATION DATED 3-03-2010 ISSUED FROM RESPONDENT NO.3 ``` ## `RESPONDENT’S EXHIBITS` ``` EXHIBIT-R6(A): A COPY OF THE REGISTRATION AND LICENCE DATED 26.11.2008 ``` ``` EXHIBIT-R6(B):. A COPY OF THE LICENCE DATED 6.6.2005 ``` ``` EXHIBIT-R6(C): A COPY OF THE CHALAN RECEIPT DATED 25.10.2007 ``` ``` EXHIBIT-R6(D): COPY OF THE CHALAN RECEIPT DATED 24.3.2010 ``` ``` EXHIBIT-R6(E): A COPY OF THE CHALAN DATED 24.3.2010 ``` ``` EXHIBIT-R6(F): A COPY OF THE APPLICATION DATED 24.11.97 ``` ``` ANNEXURE R3(A):TRUE COPY OF THE LETTER NO: PCB/TVM-DO/ICO/16581/AE-196/2010 DTD 16.6.2010 ``` ``` EXHIBIT R2(A):- A TRUE COPY OF THE NOTIFICATION G.S.R. 1(E) DATED 1.1.2010 ``` ``` EXHIBIT R2(B):- A TRUE COPY OF THE CIRCULAR NO: POLLUTION CONTROL BOARD/T4/115/97 DTD 22.04.2010 ``` **12** ## **W.P.(C).Nos.37573 & 15795 of 2010** ``` EXHIBIT R2(C):- A TRUE COPY OF LETTER NO.PCB/TVM DO/ICO/16581/AE-196/2010 DATED 9.4.2010 ``` ``` EXHIBIT R2(D):- A TRUE COPY OF THE RECEIPT DTD 27.5.2010 ``` ``` EXHIBIT R2(E):- A TRUE COPY OF THE LETTER NO:PCB/TVM-DO/ICO/16581/A1-196/2010 DTD 16.6.2010 ``` ``` EXHIBIT R2(F):- A TRUE COPY OF THE LETTER NO: PCB/TVM- DO/ICO/16581/AE1-196/2010 DTD 9.9.2010 ``` ``` EXHIBIT - R 6(G) : A COPY OF LETTER DATED 6.7.2010 ADDRESSED TO THE 2ND RESPONDENT ```